The NHLPA is following the example set by the National Basketball Association Players' Association in last year's lockout.

In that dispute, the NBAPA filed a disclaimer of interest in November, 2011. NBA commissioner David Stern immediately decried the move and said the NBA was moving into its "nuclear winter," but the two sides worked out an agreement on its differences 12 days later (source: Houston Chronicle). NBA teams began playing on Christmas Day and the postseason played out to a conclusion, with the Miami Heat winning the NBA championship.

If the NHLPA votes in favor of filing the disclaimer of interest, it is hoping that it will lead the league to return to the table and hammer out a new Collective Bargaining Agreement. The threat of an antitrust challenge would presumably lead the NHL to deliver more favorable negotiating terms.

Gary Bettman said the NHL owners understand what the disclaimer of interest means and that it wouldn't necessarily have the same impact in hockey that it did in basketball. "The board was completely and thoroughly briefed on the subject," said Bettman. "And we don't view it in the same way in terms of its impact as apparently the union may."

However NBAPA chief negotiator Jeffrey Kessler said Bettman would have a different opinion after talking with NBA commissioner David Stern.

The disclaimer of interest would have to be approved by the National Labor Relations Board, according to Canadian media guild chief negotiator Dan Oldfield. If the NLRB saw the disclaimer of interest as a tactic aimed at getting the NHLPA a better bargaining position, it would not approve the maneuver.

However, the vote itself is not a sure thing. While it would seem likely that most players would go along with it, the two-thirds majority is difficult to gain.

If the disclaimer of interest vote does not succeed, the players' only option would appear to be returning to the negotiating table.

That process has not been successful to this point and it would appear that the players would return to the talks at a disadvantage.